| 1 | A bill to be entitled |
| 2 | An act relating to health care practitioners; amending s. |
| 3 | 456.072, F.S.; providing that failure of a health care |
| 4 | practitioner to comply with the terms of a monitoring or |
| 5 | treatment program for impaired practitioners is an |
| 6 | additional ground under which the practitioner is subject |
| 7 | to discipline by the Department of Health or the board |
| 8 | having jurisdiction over the practitioner; reenacting ss. |
| 9 | 457.109(2), 458.331(2), 459.015(2), 460.413(2), |
| 10 | 461.013(2), 462.14(2), 463.016(2), 464.018(2), 465.016(2), |
| 11 | 466.028(2), 467.203(2), 468.1295(2), 468.1755(1)(a) and |
| 12 | (2), 468.217(2), 468.365(2), 468.518(2), 468.719(2), |
| 13 | 468.811(2), 478.52(2), 480.046(2), 483.825(2), |
| 14 | 483.901(6)(h), 484.014(2), 484.056(1)(a) and (2)(a), |
| 15 | 486.125(2), 490.009(2), and 491.009(2), F.S., relating to |
| 16 | health care practice acts and similar regulatory |
| 17 | provisions, to incorporate the amendment to s. 456.072, |
| 18 | F.S., in references thereto; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (gg) is added to subsection (1) of |
| 23 | section 456.072, Florida Statutes, to read: |
| 24 | 456.072 Grounds for discipline; penalties; enforcement.-- |
| 25 | (1) The following acts shall constitute grounds for which |
| 26 | the disciplinary actions specified in subsection (2) may be |
| 27 | taken: |
| 28 | (gg) Being terminated from a treatment program for |
| 29 | impaired practitioners, which is overseen by an impaired |
| 30 | practitioner consultant as described in s. 456.076, for failure |
| 31 | to comply, without good cause, with the terms of the monitoring |
| 32 | or treatment contract entered into by the licensee. |
| 33 | Section 2. For the purpose of incorporating the amendment |
| 34 | made by this act to section 456.072, Florida Statutes, in a |
| 35 | reference thereto, subsection (2) of section 457.109, Florida |
| 36 | Statutes, is reenacted to read: |
| 37 | 457.109 Disciplinary actions; grounds; action by the |
| 38 | board.-- |
| 39 | (2) The board may enter an order denying licensure or |
| 40 | imposing any of the penalties in s. 456.072(2) against any |
| 41 | applicant for licensure or licensee who is found guilty of |
| 42 | violating any provision of subsection (1) of this section or who |
| 43 | is found guilty of violating any provision of s. 456.072(1). |
| 44 | Section 3. For the purpose of incorporating the amendment |
| 45 | made by this act to section 456.072, Florida Statutes, in a |
| 46 | reference thereto, subsection (2) of section 458.331, Florida |
| 47 | Statutes, is reenacted to read: |
| 48 | 458.331 Grounds for disciplinary action; action by the |
| 49 | board and department.-- |
| 50 | (2) The board may enter an order denying licensure or |
| 51 | imposing any of the penalties in s. 456.072(2) against any |
| 52 | applicant for licensure or licensee who is found guilty of |
| 53 | violating any provision of subsection (1) of this section or who |
| 54 | is found guilty of violating any provision of s. 456.072(1). In |
| 55 | determining what action is appropriate, the board must first |
| 56 | consider what sanctions are necessary to protect the public or |
| 57 | to compensate the patient. Only after those sanctions have been |
| 58 | imposed may the disciplining authority consider and include in |
| 59 | the order requirements designed to rehabilitate the physician. |
| 60 | All costs associated with compliance with orders issued under |
| 61 | this subsection are the obligation of the physician. |
| 62 | Section 4. For the purpose of incorporating the amendment |
| 63 | made by this act to section 456.072, Florida Statutes, in a |
| 64 | reference thereto, subsection (2) of section 459.015, Florida |
| 65 | Statutes, is reenacted to read: |
| 66 | 459.015 Grounds for disciplinary action; action by the |
| 67 | board and department.-- |
| 68 | (2) The board may enter an order denying licensure or |
| 69 | imposing any of the penalties in s. 456.072(2) against any |
| 70 | applicant for licensure or licensee who is found guilty of |
| 71 | violating any provision of subsection (1) of this section or who |
| 72 | is found guilty of violating any provision of s. 456.072(1). In |
| 73 | determining what action is appropriate, the board must first |
| 74 | consider what sanctions are necessary to protect the public or |
| 75 | to compensate the patient. Only after those sanctions have been |
| 76 | imposed may the disciplining authority consider and include in |
| 77 | the order requirements designed to rehabilitate the physician. |
| 78 | All costs associated with compliance with orders issued under |
| 79 | this subsection are the obligation of the physician. |
| 80 | Section 5. For the purpose of incorporating the amendment |
| 81 | made by this act to section 456.072, Florida Statutes, in a |
| 82 | reference thereto, subsection (2) of section 460.413, Florida |
| 83 | Statutes, is reenacted to read: |
| 84 | 460.413 Grounds for disciplinary action; action by board |
| 85 | or department.-- |
| 86 | (2) The board may enter an order denying licensure or |
| 87 | imposing any of the penalties in s. 456.072(2) against any |
| 88 | applicant for licensure or licensee who is found guilty of |
| 89 | violating any provision of subsection (1) of this section or who |
| 90 | is found guilty of violating any provision of s. 456.072(1). In |
| 91 | determining what action is appropriate, the board must first |
| 92 | consider what sanctions are necessary to protect the public or |
| 93 | to compensate the patient. Only after those sanctions have been |
| 94 | imposed may the disciplining authority consider and include in |
| 95 | the order requirements designed to rehabilitate the chiropractic |
| 96 | physician. All costs associated with compliance with orders |
| 97 | issued under this subsection are the obligation of the |
| 98 | chiropractic physician. |
| 99 | Section 6. For the purpose of incorporating the amendment |
| 100 | made by this act to section 456.072, Florida Statutes, in a |
| 101 | reference thereto, subsection (2) of section 461.013, Florida |
| 102 | Statutes, is reenacted to read: |
| 103 | 461.013 Grounds for disciplinary action; action by the |
| 104 | board; investigations by department.-- |
| 105 | (2) The board may enter an order denying licensure or |
| 106 | imposing any of the penalties in s. 456.072(2) against any |
| 107 | applicant for licensure or licensee who is found guilty of |
| 108 | violating any provision of subsection (1) of this section or who |
| 109 | is found guilty of violating any provision of s. 456.072(1). |
| 110 | Section 7. For the purpose of incorporating the amendment |
| 111 | made by this act to section 456.072, Florida Statutes, in a |
| 112 | reference thereto, subsection (2) of section 462.14, Florida |
| 113 | Statutes, is reenacted to read: |
| 114 | 462.14 Grounds for disciplinary action; action by the |
| 115 | department.-- |
| 116 | (2) The department may enter an order denying licensure or |
| 117 | imposing any of the penalties in s. 456.072(2) against any |
| 118 | applicant for licensure or licensee who is found guilty of |
| 119 | violating any provision of subsection (1) of this section or who |
| 120 | is found guilty of violating any provision of s. 456.072(1). |
| 121 | Section 8. For the purpose of incorporating the amendment |
| 122 | made by this act to section 456.072, Florida Statutes, in a |
| 123 | reference thereto, subsection (2) of section 463.016, Florida |
| 124 | Statutes, is reenacted to read: |
| 125 | 463.016 Grounds for disciplinary action; action by the |
| 126 | board.-- |
| 127 | (2) The board may enter an order imposing any of the |
| 128 | penalties in s. 456.072(2) against any licensee who is found |
| 129 | guilty of violating any provision of subsection (1) of this |
| 130 | section or who is found guilty of violating any provision of s. |
| 131 | 456.072(1). |
| 132 | Section 9. For the purpose of incorporating the amendment |
| 133 | made by this act to section 456.072, Florida Statutes, in a |
| 134 | reference thereto, subsection (2) of section 464.018, Florida |
| 135 | Statutes, is reenacted to read: |
| 136 | 464.018 Disciplinary actions.-- |
| 137 | (2) The board may enter an order denying licensure or |
| 138 | imposing any of the penalties in s. 456.072(2) against any |
| 139 | applicant for licensure or licensee who is found guilty of |
| 140 | violating any provision of subsection (1) of this section or who |
| 141 | is found guilty of violating any provision of s. 456.072(1). |
| 142 | Section 10. For the purpose of incorporating the amendment |
| 143 | made by this act to section 456.072, Florida Statutes, in a |
| 144 | reference thereto, subsection (2) of section 465.016, Florida |
| 145 | Statutes, is reenacted to read: |
| 146 | 465.016 Disciplinary actions.-- |
| 147 | (2) The board may enter an order denying licensure or |
| 148 | imposing any of the penalties in s. 456.072(2) against any |
| 149 | applicant for licensure or licensee who is found guilty of |
| 150 | violating any provision of subsection (1) of this section or who |
| 151 | is found guilty of violating any provision of s. 456.072(1). |
| 152 | Section 11. For the purpose of incorporating the amendment |
| 153 | made by this act to section 456.072, Florida Statutes, in a |
| 154 | reference thereto, subsection (2) of section 466.028, Florida |
| 155 | Statutes, is reenacted to read: |
| 156 | 466.028 Grounds for disciplinary action; action by the |
| 157 | board.-- |
| 158 | (2) The board may enter an order denying licensure or |
| 159 | imposing any of the penalties in s. 456.072(2) against any |
| 160 | applicant for licensure or licensee who is found guilty of |
| 161 | violating any provision of subsection (1) of this section or who |
| 162 | is found guilty of violating any provision of s. 456.072(1). |
| 163 | Section 12. For the purpose of incorporating the amendment |
| 164 | made by this act to section 456.072, Florida Statutes, in a |
| 165 | reference thereto, subsection (2) of section 467.203, Florida |
| 166 | Statutes, is reenacted to read: |
| 167 | 467.203 Disciplinary actions; penalties.-- |
| 168 | (2) The department may enter an order denying licensure or |
| 169 | imposing any of the penalties in s. 456.072(2) against any |
| 170 | applicant for licensure or licensee who is found guilty of |
| 171 | violating any provision of subsection (1) of this section or who |
| 172 | is found guilty of violating any provision of s. 456.072(1). |
| 173 | Section 13. For the purpose of incorporating the amendment |
| 174 | made by this act to section 456.072, Florida Statutes, in a |
| 175 | reference thereto, subsection (2) of section 468.1295, Florida |
| 176 | Statutes, is reenacted to read: |
| 177 | 468.1295 Disciplinary proceedings.-- |
| 178 | (2) The board may enter an order denying licensure or |
| 179 | imposing any of the penalties in s. 456.072(2) against any |
| 180 | applicant for licensure or licensee who is found guilty of |
| 181 | violating any provision of subsection (1) of this section or who |
| 182 | is found guilty of violating any provision of s. 456.072(1). |
| 183 | Section 14. For the purpose of incorporating the amendment |
| 184 | made by this act to section 456.072, Florida Statutes, in |
| 185 | references thereto, paragraph (a) of subsection (1) and |
| 186 | subsection (2) of section 468.1755, Florida Statutes, are |
| 187 | reenacted to read: |
| 188 | 468.1755 Disciplinary proceedings.-- |
| 189 | (1) The following acts constitute grounds for denial of a |
| 190 | license or disciplinary action, as specified in s. 456.072(2): |
| 191 | (a) Violation of any provision of s. 456.072(1) or s. |
| 192 | 468.1745(1). |
| 193 | (2) The board may enter an order denying licensure or |
| 194 | imposing any of the penalties in s. 456.072(2) against any |
| 195 | applicant for licensure or licensee who is found guilty of |
| 196 | violating any provision of subsection (1) of this section or who |
| 197 | is found guilty of violating any provision of s. 456.072(1). |
| 198 | Section 15. For the purpose of incorporating the amendment |
| 199 | made by this act to section 456.072, Florida Statutes, in a |
| 200 | reference thereto, subsection (2) of section 468.217, Florida |
| 201 | Statutes, is reenacted to read: |
| 202 | 468.217 Denial of or refusal to renew license; suspension |
| 203 | and revocation of license and other disciplinary measures.-- |
| 204 | (2) The board may enter an order denying licensure or |
| 205 | imposing any of the penalties in s. 456.072(2) against any |
| 206 | applicant for licensure or licensee who is found guilty of |
| 207 | violating any provision of subsection (1) of this section or who |
| 208 | is found guilty of violating any provision of s. 456.072(1). |
| 209 | Section 16. For the purpose of incorporating the amendment |
| 210 | made by this act to section 456.072, Florida Statutes, in a |
| 211 | reference thereto, subsection (2) of section 468.365, Florida |
| 212 | Statutes, is reenacted to read: |
| 213 | 468.365 Disciplinary grounds and actions.-- |
| 214 | (2) The board may enter an order denying licensure or |
| 215 | imposing any of the penalties in s. 456.072(2) against any |
| 216 | applicant for licensure or licensee who is found guilty of |
| 217 | violating any provision of subsection (1) of this section or who |
| 218 | is found guilty of violating any provision of s. 456.072(1). |
| 219 | Section 17. For the purpose of incorporating the amendment |
| 220 | made by this act to section 456.072, Florida Statutes, in a |
| 221 | reference thereto, subsection (2) of section 468.518, Florida |
| 222 | Statutes, is reenacted to read: |
| 223 | 468.518 Grounds for disciplinary action.-- |
| 224 | (2) The board may enter an order denying licensure or |
| 225 | imposing any of the penalties in s. 456.072(2) against any |
| 226 | applicant for licensure or licensee who is found guilty of |
| 227 | violating any provision of subsection (1) of this section or who |
| 228 | is found guilty of violating any provision of s. 456.072(1). |
| 229 | Section 18. For the purpose of incorporating the amendment |
| 230 | made by this act to section 456.072, Florida Statutes, in a |
| 231 | reference thereto, subsection (2) of section 468.719, Florida |
| 232 | Statutes, is reenacted to read: |
| 233 | 468.719 Disciplinary actions.-- |
| 234 | (2) The board may enter an order denying licensure or |
| 235 | imposing any of the penalties in s. 456.072(2) against any |
| 236 | applicant for licensure or licensee who is found guilty of |
| 237 | violating any provision of subsection (1) of this section or who |
| 238 | is found guilty of violating any provision of s. 456.072(1). |
| 239 | Section 19. For the purpose of incorporating the amendment |
| 240 | made by this act to section 456.072, Florida Statutes, in a |
| 241 | reference thereto, subsection (2) of section 468.811, Florida |
| 242 | Statutes, is reenacted to read: |
| 243 | 468.811 Disciplinary proceedings.-- |
| 244 | (2) The board may enter an order denying licensure or |
| 245 | imposing any of the penalties in s. 456.072(2) against any |
| 246 | applicant for licensure or licensee who is found guilty of |
| 247 | violating any provision of subsection (1) of this section or who |
| 248 | is found guilty of violating any provision of s. 456.072(1). |
| 249 | Section 20. For the purpose of incorporating the amendment |
| 250 | made by this act to section 456.072, Florida Statutes, in a |
| 251 | reference thereto, subsection (2) of section 478.52, Florida |
| 252 | Statutes, is reenacted to read: |
| 253 | 478.52 Disciplinary proceedings.-- |
| 254 | (2) The board may enter an order denying licensure or |
| 255 | imposing any of the penalties in s. 456.072(2) against any |
| 256 | applicant for licensure or licensee who is found guilty of |
| 257 | violating any provision of subsection (1) of this section or who |
| 258 | is found guilty of violating any provision of s. 456.072(1). |
| 259 | Section 21. For the purpose of incorporating the amendment |
| 260 | made by this act to section 456.072, Florida Statutes, in a |
| 261 | reference thereto, subsection (2) of section 480.046, Florida |
| 262 | Statutes, is reenacted to read: |
| 263 | 480.046 Grounds for disciplinary action by the board.-- |
| 264 | (2) The board may enter an order denying licensure or |
| 265 | imposing any of the penalties in s. 456.072(2) against any |
| 266 | applicant for licensure or licensee who is found guilty of |
| 267 | violating any provision of subsection (1) of this section or who |
| 268 | is found guilty of violating any provision of s. 456.072(1). |
| 269 | Section 22. For the purpose of incorporating the amendment |
| 270 | made by this act to section 456.072, Florida Statutes, in a |
| 271 | reference thereto, subsection (2) of section 483.825, Florida |
| 272 | Statutes, is reenacted to read: |
| 273 | 483.825 Grounds for disciplinary action.-- |
| 274 | (2) The board may enter an order denying licensure or |
| 275 | imposing any of the penalties in s. 456.072(2) against any |
| 276 | applicant for licensure or licensee who is found guilty of |
| 277 | violating any provision of subsection (1) of this section or who |
| 278 | is found guilty of violating any provision of s. 456.072(1). |
| 279 | Section 23. For the purpose of incorporating the amendment |
| 280 | made by this act to section 456.072, Florida Statutes, in a |
| 281 | reference thereto, paragraph (h) of subsection (6) of section |
| 282 | 483.901, Florida Statutes, is reenacted to read: |
| 283 | 483.901 Medical physicists; definitions; licensure.-- |
| 284 | (6) LICENSE REQUIRED.--An individual may not engage in the |
| 285 | practice of medical physics, including the specialties of |
| 286 | diagnostic radiological physics, therapeutic radiological |
| 287 | physics, medical nuclear radiological physics, or medical health |
| 288 | physics, without a license issued by the department for the |
| 289 | appropriate specialty. |
| 290 | (h) The department may enter an order denying licensure or |
| 291 | imposing any of the penalties in s. 456.072(2) against any |
| 292 | applicant for licensure or licensee who is found guilty of |
| 293 | violating any provision of subsection (1) of this section or who |
| 294 | is found guilty of violating any provision of s. 456.072(1). |
| 295 | Section 24. For the purpose of incorporating the amendment |
| 296 | made by this act to section 456.072, Florida Statutes, in a |
| 297 | reference thereto, subsection (2) of section 484.014, Florida |
| 298 | Statutes, is reenacted to read: |
| 299 | 484.014 Disciplinary actions.-- |
| 300 | (2) The board may enter an order denying licensure or |
| 301 | imposing any of the penalties in s. 456.072(2) against any |
| 302 | applicant for licensure or licensee who is found guilty of |
| 303 | violating any provision of subsection (1) of this section or who |
| 304 | is found guilty of violating any provision of s. 456.072(1). |
| 305 | Section 25. For the purpose of incorporating the amendment |
| 306 | made by this act to section 456.072, Florida Statutes, in |
| 307 | references thereto, paragraph (a) of subsection (1) and |
| 308 | paragraph (a) of subsection (2) of section 484.056, Florida |
| 309 | Statutes, are reenacted to read: |
| 310 | 484.056 Disciplinary proceedings.-- |
| 311 | (1) The following acts constitute grounds for denial of a |
| 312 | license or disciplinary action, as specified in s. 456.072(2): |
| 313 | (a) Violation of any provision of s. 456.072(1), s. |
| 314 | 484.0512, or s. 484.053. |
| 315 | (2)(a) The board may enter an order denying licensure or |
| 316 | imposing any of the penalties in s. 456.072(2) against any |
| 317 | applicant for licensure or licensee who is found guilty of |
| 318 | violating any provision of subsection (1) of this section or who |
| 319 | is found guilty of violating any provision of s. 456.072(1). |
| 320 | Section 26. For the purpose of incorporating the amendment |
| 321 | made by this act to section 456.072, Florida Statutes, in a |
| 322 | reference thereto, subsection (2) of section 486.125, Florida |
| 323 | Statutes, is reenacted to read: |
| 324 | 486.125 Refusal, revocation, or suspension of license; |
| 325 | administrative fines and other disciplinary measures.-- |
| 326 | (2) The board may enter an order denying licensure or |
| 327 | imposing any of the penalties in s. 456.072(2) against any |
| 328 | applicant for licensure or licensee who is found guilty of |
| 329 | violating any provision of subsection (1) of this section or who |
| 330 | is found guilty of violating any provision of s. 456.072(1). |
| 331 | Section 27. For the purpose of incorporating the amendment |
| 332 | made by this act to section 456.072, Florida Statutes, in a |
| 333 | reference thereto, subsection (2) of section 490.009, Florida |
| 334 | Statutes, is reenacted to read: |
| 335 | 490.009 Discipline.-- |
| 336 | (2) The department, or in the case of psychologists, the |
| 337 | board, may enter an order denying licensure or imposing any of |
| 338 | the penalties in s. 456.072(2) against any applicant for |
| 339 | licensure or licensee who is found guilty of violating any |
| 340 | provision of subsection (1) of this section or who is found |
| 341 | guilty of violating any provision of s. 456.072(1). |
| 342 | Section 28. For the purpose of incorporating the amendment |
| 343 | made by this act to section 456.072, Florida Statutes, in a |
| 344 | reference thereto, subsection (2) of section 491.009, Florida |
| 345 | Statutes, is reenacted to read: |
| 346 | 491.009 Discipline.-- |
| 347 | (2) The department, or, in the case of psychologists, the |
| 348 | board, may enter an order denying licensure or imposing any of |
| 349 | the penalties in s. 456.072(2) against any applicant for |
| 350 | licensure or licensee who is found guilty of violating any |
| 351 | provision of subsection (1) of this section or who is found |
| 352 | guilty of violating any provision of s. 456.072(1). |
| 353 | Section 29. This act shall take effect July 1, 2005. |